Friday, 28 October 2016

Geneva-Nairobi-Paris, October 28, 2016 – “The Kenyan authorities have the responsibility to protect civil
society organisations and defenders, rather than harass them”, said the
Observatory for the Protection of Human Rights Defenders (a joint OMCT-FIDH partnership),
following a fact-finding mission to Kenya. In the context of the upcoming elections, high levels of police violence and patterns of criminalisation,
especially during peaceful demonstrations and counter-terrorism actions, are
two of the main concerns identified by the mission. In addition, civil society has
been for too long waiting for an adequate legal framework ensuring an enabling environment,
free from abuse and arbitrariness.

The delegation, who conducted a fact-finding mission to Kenya from
October 24 to 28, met with several representatives of the Kenyan civil society,
ranging from international to grassroots organisations, from the capital and other regions of the country. The delegates also
met with several national authorities such as the Kenyan National Commission on
Human Rights, the Parliamentary Caucus on Human Rights, the National Police
Service, the Independent Policing Oversight Authority, the Office of the
Director of Public Prosecutions and the Judiciary, as well as with the
diplomatic community in Nairobi.

The three mission delegates highlighted three
major areas of concern that severely undermine the very existence of an
enabling environment for human rights defenders to freely and legitimately
operate.

First, the high levels of police violence often
experienced and reported by human rights defenders, especially when trying to
hold accountable public officials for the violations committed, put at risk their
physical and psychological integrity. These acts of violence include acts of
torture, enforced disappearances and extra-judicial killings, including under
the guise of combating criminality through “security” and “counter-terrorism” operations.

“The killing of Willie Kimani, Kenyan human rights
lawyer, last June, is only the tip of the iceberg of a worrisome pattern of
extrajudicial killings, which appear to be increasing and which aim at
silencing dissenting voices and perpetuating police and other security forces’
impunity. We urge the competent national authorities to end the widespread
impunity for such cases and ensure speedy investigations and prosecutions in
order to hold perpetrators to account”, declared Peter Zangl, Representative of the World Organisation Against Torture (OMCT) to the
European Union, who led the mission.

Second, the increasing pattern of criminalisation and intimidation of
human rights defenders, including those participating in legal and peaceful
demonstrations, through trumped-up charges, episodes of frequent arrests,
detentions in police stations and long legal processes, represent a serious
concern for the delegation, since they are used as a mean to exhaust defenders
and paralyse their work. Moreover, the unreasonable use of force in managing
public protests call into question the prevailing standards in crowd control
and their actual use by the police.

“We call for sustained
police reforms that transpose into reality the constitutional fundamental
rights to freedom of expression, peaceful and unarmed assembly and association
of all Kenyan citizens. In regards to the constitutional right to bail, a
transparent and proportionate implementation of the bail and bond policy is
urgently needed in order to ensure that it is not used as a form of punishment against
human rights defenders to repress social protest”,said
Benson Olugbuo, Executive Director of CLEEN Foundation, who was a
delegate of the mission.

Third, the delays in the
commencement of the Public Benefit Organisations Act 2013 (PBO Act), which
streamlines regulation of NGOs, has left
the door open for abuses and administrative harassment of civil society
organisations (CSOs). As a result, CSOs continue to operate within a hostile
environment, characterized by threats of arbitrary de-registrations and asset
freezes, continuous attacks and smearing campaigns. It is worrying and a reason
of real concern that the past two years have witnessed various failed attempts
to restrict such legislation through draconian amendments, aiming at
undermining its significant improvements.

“We welcome the long
awaited operationalization of the PBO Act, which represents a positive step for
opening the space for civil society work in Kenya. However, we urge the Kenyan
authorities to ensure that the regulations and bodies that will be created, as
well as possible proposed further amendments, will not seek to restrict the
rights guaranteed by the Act”, highlighted Chiara Cosentino, OMCT Human Rights Officer, who was also a delegate of
the mission.

The Observatory calls upon the Kenyan authorities, especially in view of
the upcoming elections, to publicly recognise the legitimate and crucial role
of civil society and human rights defenders as pillars of every democracy and
watchdogs of the rule of law, and to protect them in all circumstances from any
kind of harassment.

A mission report will be issued in the coming months and will present
detailed conclusions and recommendations to the Kenyan authorities, the United
Nations, the African Union, the East African Community, the European Union and
other international stakeholders.

The Observatory for the Protection of Human Rights
Defenders (the Observatory) was created in 1997 by the World Organisation
Against Torture (OMCT) and FIDH. The objective of this programme is to
intervene to prevent or remedy situations of repression against human rights
defenders. OMCT and FIDH are both members of ProtectDefenders.eu, the European Union Human Rights Defenders Mechanism
implemented by international civil society.